Insurer in court appeal against teenager hit by claimant's car

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Insurance group Churchill has brought a case against a teenage girl they say was partly responsible for being knocked down by a car.

The insurer contends its customer, who struck Bethany Probert, then 13, while pulling into the side of a country lane to avoid oncoming vehicles, cannot be held entirely to blame as the teenager should have known about the need to be visible at night.

The case is the first to question a child's culpability in an accident, and the first in 20 years involving a victim's responsibility for walking on the road at night, according to Bethany's solicitors.

Bethany, who is now 16, was returning home by foot from a riding school on a narrow, unlit lane with no footpath, when Paul Moore's Saab 9-3 struck her, leaving her with brain damage causing memory loss, as well as physical disabilities.

Churchill's lawyers argue that she should have known from her training with horses about the need to be visible at night, saying the precautions Bethany failed to take "should have been obvious to a girl of her age."

While the case has already reached the High Court, where the judge ruled against Churchill, saying Bethany's decision to walk home was "ill-informed but not culpable" and Mr Moore's 50mph speed was too fast for such a road in darkness, the Court of Appeal has allowed Churchill to take the issue further. If the judges rule against Bethany at appeal, they can cut any payout proportionately by the amount they feel she was to blame.

Link: Insurer in court appeal against teenager hit by claimant's car - Yahoo! Finance UK

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Some facts do not add up, the road was 60mph limit at the time of the accident; it has been proved that the driver was driving at 50mph who is lying?

I once got involved with the cyclists I told my insurance company to bugger off about time those irresponsible pedestrians and cyclists were held accountable!!!!!

[ajax2061]

should have been obvious to a girl of her age

Nothing is obvious to teenagers !! they think they know it all

[Kalipo]

Deserved to be run over..

She should of known better...

Lighting is important.. stay visible people.. and if possible.. open the curtains.

[Meat-Head]

The insurer contends its customer, who struck Bethany while pulling into the side of a country lane to avoid oncoming vehicles, cannot be held entirely to blame as the teenager should have known about the need to be visible at night.

Bethany, who is now 16, was returning home by foot from a riding school on a narrow, unlit lane with no footpath,

Churchill's lawyers argue that she should have known from her training with horses about the need to be visible at night, saying the precautions Bethany failed to take "should have been obvious to a girl of her age."

hang on, so she was walkiing down the street singing do-wah diddiy - dum diddy do - this guy comes in his Scab - puls over because theres and on coming traffic and WHAP.

1) Did he not see her (legs) moving in the lights of the other car

2) If she was driving a horse with no lights fair do to them

3) I would guess she was NOT programmed to ride at night otherwise
she could have took some burger meat home for the night instead of walking